Hong Kong residents with British National (Overseas) status who were convicted over taking part in the 2019 pro-democracy protests should not be prevented from using the BN(O) visa route, Home Secretary Shabana Mahmood has confirmed. The change was set out in a letter dated 11 November 2026 to the chair of Parliament's Joint Committee on Human Rights, and published by the committee.

Under the new position, there will be a presumption in favour of ensuring that convictions connected to participation in the 2019 protests do not prevent otherwise eligible people from benefiting from the BN(O) route. Applicants who do not meet the standard suitability requirements because of their protest participation will now be automatically considered by ministers for a grant of leave outside the Immigration Rules.

What the Home Secretary said

In her letter to Alex Sobel MP, chair of the Joint Committee on Human Rights, Mahmood wrote that the Government remained fully committed to the BN(O) route, which she described as reflecting the UK's historic and moral commitment to the people of Hong Kong.

She said the Government recognised concerns that some people had received convictions in connection with the 2019 pro-democracy protests, and that in some cases those convictions may have arisen in a wider political context. She added that many of those involved in the protests were among the people the route was intended to support.

The letter states: "I have decided that there should now be a presumption in favour of ensuring that convictions connected to participation in the 2019 protests do not prevent otherwise eligible individuals from benefiting from the BN(O) route." A formal process, supported by published guidance, is being established so that cases involving convictions connected to the 2019 protests can be identified and considered consistently.

Why the committee raised the issue

The Joint Committee on Human Rights wrote to the Home Secretary on 15 October 2026. It warned that convictions of pro-democracy campaigners, including under Hong Kong's National Security Law, could act as a barrier to entry to the UK or to leave to remain for people with BN(O) status.

The committee said such convictions could prevent people from securing entry or permission to stay, even though the BN(O) route was established partly to protect people affected by the changing political environment in Hong Kong.

What automatic consideration does and does not mean

Automatic consideration by ministers is not the same as an automatic visa grant. Applicants must still qualify for the BN(O) route, and ministers will consider the circumstances of each case. The presumption is in favour of the applicant, but each case will still be assessed on its own facts.

The new position improves the prospects of people whose only barrier was a protest-related conviction, but it does not guarantee leave.

The BN(O) route in context

The BN(O) visa route opened on 31 January 2021 for Hong Kong residents with British National (Overseas) status and their eligible family members. It allows holders to live, work and study in the UK, with a path to settlement after five years.

As of February 2026, more than 230,000 people had been granted a BN(O) visa and almost 170,000 had moved to the UK, according to the Home Office. The route was also exempted from the Government's proposal, announced on 2 November 2026, to double the standard qualifying period for settlement to 10 years: BN(O) visa holders keep the five-year route to settlement.

GOV.UK lists the visa fee as £206 for permission of two years and six months, or £285 for five years, plus the immigration health surcharge.

What to check before applying

Anyone considering the BN(O) route should read the official GOV.UK guidance for the British National (Overseas) visa, which sets out who can apply, what it costs, how to apply and what holders can and cannot do. Immigration rules change, and the published guidance is the authoritative source for the current requirements.

This article reports the policy change announced on 11 November 2026. It is not personal immigration advice, and it cannot say whether any individual applicant will qualify. People with a protest-related conviction who are considering an application should check the official guidance and, if needed, seek advice from a regulated immigration adviser.

Sources: UK Parliament, Joint Committee on Human Rights; GOV.UK, British National (Overseas) visa.